[Third Reprint]

SENATE, No. 520

STATE OF NEW JERSEY

213th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION

Sponsored by:

Senator NICHOLAS J. SACCO

District 32 (Bergen and Hudson)

Senator ROBERT M. GORDON

District 38 (Bergen)

Co-Sponsored by:

Senator Buono

SYNOPSIS

     Requires drivers to make all reasonable efforts to remove ice or snow from vehicle; creates fine.

CURRENT VERSION OF TEXT

     As reported by the Assembly Transportation, Public Works and Independent Authorities Committee on January 26, 2009, with amendments.

An Act concerning ice and snow on motor vehicles and amending P.L.1997, c.124.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    Section 1 of P.L.1997, c.124 (C.39:4-77.1) is amended to read as follows:

     1.  a.  (1)  Each driver of a motor vehicle operated on a street or highway in this State shall have an affirmative duty to make all reasonable efforts to remove accumulated ice or snow from ³exposed surfaces of³ the motor vehicle prior to operation ³[; this] , which surfaces³ shall include the hood, trunk ³, windshield, windows,³ and roof of the motor vehicle. A person who violates the provisions of this subsection may be stopped on a street or highway by a law enforcement officer who believes the accumulated ice or snow may pose a threat to persons or property and shall be subject to a fine of not less than $25 or more than $75 for each offense regardless of whether any snow or ice is dislodged from the motor vehicle.  No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

(2)   This subsection shall not apply to any driver of a motor vehicle operated during a snow or ice storm that began and continued for the duration of the motor vehicle's operation or to any operator of a  motor vehicle while it is parked.

b.    When snow or ice is dislodged from a moving vehicle and strikes another vehicle or pedestrian causing injury or property damage, the following penalties shall apply:

     The operator of a non-commercial motor vehicle shall be subject to a fine of not less than $200 or more than $1,000 for each offense.

     The operator, owner, lessee, bailee or any one of the aforesaid of a commercial motor vehicle shall be subject to a fine of not less than $500 or more than $1,500 for each offense.

     No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

³c.  The Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety shall establish a public awareness campaign that educates the public on the importance of removing snow and ice from the exposed surfaces of motor vehicles prior to the operation of such vehicles.  This campaign shall educate

 the public on the potential dangers associated with failing to remove snow or ice from motor vehicles as well as on the penalties that may be imposed as a result of failing to remove snow or ice from a motor vehicle prior to operation.

d.  Moneys derived from the fines imposed pursuant to subsections a. and b. of this section shall be set aside in a special fund.  From those moneys, amounts shall be appropriated by the Legislature for the following purposes:

(1) To offset the costs associated with the public awareness campaign established by the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety pursuant to subsection c. of this section; and

(2) For the purchase and installation of equipment and technology which is used to remove snow and ice from motor vehicles, including, but not limited to, large trucks, tractor trailers and other commercial motor vehicles as the term is defined in R.S.39:1-1.  It shall be the responsibility of the Department of Transportation, in consultation with the Division of Highway Traffic Safety in the Department of Law and Public Safety, to provide for the purchase and installation of such equipment and technology.  Such equipment and technology shall be placed at locations around the State that are convenient and easily accessible to large trucks, tractor trailers, and other commercial motor vehicles, including, but not limited to, weigh stations, rest areas, and inspection facilities.³

(cf: P.L.1997, c.124, s.1)

     2.    This act shall take effect ³[immediately ¹, but shall be inoperative ²[with respect to commercial motor vehicles]² for one year from the date of enactment¹] on the 90th day following the date of enactment³.